Ritu Raj Jain v. Shalini Jain

Delhi High Court · 10 Feb 2016 · 2016:DHC:8424-DB
THE CHIEF JUSTICE; MR. JUSTICE JAYANT NATH
LPA 93/2016
2016:DHC:8424-DB
civil appeal_dismissed

AI Summary

The Delhi High Court dismissed the appeal against the dismissal of a contempt petition as not maintainable since the order did not decide the merits or issue any direction.

Full Text
Translation output
$-27 HIGH COURT OF DELHI
LPA 93/2016 & CM Nos.485356/2016
RITU RAJ JAIN Appellant
Through: Ms.Shilpa Chauhan,Adv.
VERSUS
SHALINI JAIN Respondent .
Through: Nemo.
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR.JUSTICE JAYANT NATH
10.02.2016
ORDER

1. By the order under appeal, the learned Single Judge has dismissed ContemptCase(C)No.893/2014 holding thatthere is no wilful disobedience ofthe order dated 28.11.2011 passed by the learned Principal Judge,Family Court,Dwarka,N.D.in HMA No.562/2010 titled Ritu RajV[5].ShaliniJain.

2. Having heard the learned counsel for the appellant,we are ofthe view that against the order ofthe learned Single Judge,no appeal is maintainable even under Clause 10 ofLetters Patent since by the said order no direction was issued or decision was made on the merits ofthe dispute between the parties. The reliance placed upon by the learned counsel for the appellant upon MidnaporePeoples'Co-op.BankLtd.& Ors. vs. ChunilalNaneda& Ors. AIR 2006 Supreme Court2190 is misplaced.

3. The further decision cited by the learned counsel for the appellant, i.e..SpecialDeputy Collector(LA)vs. N. Vasudeva Rao and Others(2007) 14see 165 has no relevance forthe purpose ofthe case on hand. 2016:DHC:8424-DB

4. Appeal is accordingly dismissed as not maintainable.

FEBRUARY 10,2016/pmc CHIEF Jl^STICE y JAYANT NATE,J